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(영문) 서울북부지방법원 2018.05.10 2017가단117838
양수금
Text

1. The Defendants jointly and severally pay KRW 143,912,012 to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

(However, the creditor is the plaintiff, the debtor is the defendant). 2. Judgment

(a) As to Defendant A and B: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act);

B. According to the statements in Gap evidence Nos. 1 through 6 (including paper numbers), the Gyeonggi Savings Bank Co., Ltd. concluded a credit transaction agreement with the defendant A Co., Ltd. (hereinafter "Defendant A"), with a loan amounting to KRW 350 million on Aug. 31, 2009, KRW 50 million on Oct. 7, 2009, KRW 25 million on Jan. 29, 2010, with a loan amounting to KRW 25 million on Jan. 29, 2010, the defendant C jointly and severally guaranteed the obligations of the defendant A at the time of the above credit transaction agreement. The Gyeonggi Savings Bank Co., Ltd. transferred each of the above loans to the Korea Asset Management Corporation on Jul. 8, 201, and notified it to the defendant A, the Korea Asset Management Corporation applied for the auction of real estate assets held by the defendant A and B, and the Korea Asset Management Corporation that received each of the above loans on the date of distribution, KRW 16081,4781,20.

According to the above facts of recognition, Defendant C is jointly and severally liable to pay the principal and interest of 143,912,012,012 (=615,081,842 - 471,169,830 won) that the Plaintiff acquired to the Plaintiff by transfer with the remaining Defendants.

Although Defendant C intended to prepare a loan guarantee certificate as a joint and several surety at the time of the instant loan, it is later replaced by a joint and several surety, and thus, Defendant C does not have an obligation to pay the transfer deposit obligation. However, there is no evidence to acknowledge this, the above assertion is without merit.

3. Thus, the plaintiff's claim against the defendants is justified and all of them are accepted. It is so decided as per Disposition.

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